Terrorism Prevention and Investigation Measures Bill

Lord Lloyd of Berwick Excerpts

Wednesday 23rd November 2011 Lords Chamber

[Lord Hunt of Kings Heath]

My Lords, I am sure that we are all grateful to the noble Lord for bringing forward his first three amendments. However, I want to raise a couple of points in relation to Amendment 4. Essentially, it is to put a straightforward question to the noble Lord as to whether the 42 days that his amendment would now give for the transition period is sufficient. I do so in view of reports today that senior police officers believe that they are not fully prepared for the introduction of the new law to replace control orders.

During the passage of this Bill, we have had quite a number of debates about the principle of control orders and I do not seek to open up that question, as the House’s view is very clear on that matter. I have always recognised that the use of control orders should be a last option because they impose intrusive restrictions on individuals who in most cases will not have been convicted of a terrorism offence. But the fact is that their use was endorsed by the senior police officer who gave evidence to the Public Bill Committee in the other place. Twice in the past few months the Home Secretary has argued, first in the case of CD and then in the case of BM, that the use of control orders, particularly the relocation measures, was necessary.

The Government are saying that we can move on from the use of these control orders because alternative measures that are either in the Bill or will be put in place alongside the Bill, including much greater surveillance, will provide the reassurance that is required. That is a big ask of the police and security services. It is surely significant that the senior representative of the Metropolitan Police, in evidence to the Public Bill Committee, said earlier this year:

“To get the resources that we anticipate we need will take more than a year, in terms of being able to get people trained and to get the right equipment”.—[Official Report, Commons, Terrorism Prevention and Investigation Measures Bill Committee, 21/6/11; col. 9.]

It is fair to ask the Minister whether the police and security services are now completely satisfied that they are now able to provide the additional surveillance and other measures that would allow control orders, particularly the exclusion measures contained within the current legislation, to move into abeyance as a result of the Bill. The fact that the Minister is appearing before us today to increase the transition period from 28 days to 42 days is not without significance, and of course was done on the advice of the police and security forces.

The question before us and the Government is whether a two-week extension is sufficient. Given all the challenges that we face in the area of security and potential terrorism, and given the Olympic Games, I ask the Minister—I am sure that this will be raised in the other place when the Bill goes back there—whether, even at this late stage, we ought not to consider giving the police and security services some more time in order to ensure that sufficient resources, people and training are indeed in place.

The reports this morning appear to suggest that there are senior officers who do not believe that they are sufficiently ready. I ask the Minister to comment on that. Can he give me some assurance that the security of our country is not being put at risk? Again I ask: would the Government not be better advised, before the Bill goes back to the other place, to legislate for the option of keeping control orders until we are certain and confident that the surveillance measures are fully in place and that sufficient officers are appointed and trained to do the job that they will be required to do?

[Lord Lloyd of Berwick]

My Lords, I find myself unable to support the argument that has been put forward by the noble Lord, Lord Hunt. Indeed, it seems to be very much a repetition, on a rather smaller scale, of an argument that we heard over and over again on Report, all based on the views of one particular senior police officer. I for my part am completely satisfied with the view that has been taken by the Government. My general view is that the sooner we get rid of the old legislation, the better.

I have one other problem, which I do not know whether the Minister will be able to answer. It turns on paragraph 2 of Schedule 8 combined with paragraph 7 of Schedule 8. As I understand it, paragraph 2 provides that the old law will continue to apply to those who are currently under control orders. Paragraph 8 says that that will be so even though the 2005 Act would have expired, quite apart from this Bill repealing it. Is that the position? If so, when do the new provisions begin to apply to those who are currently under control orders? Every controlee will ask himself, “Have I been affected by this Bill or not?”. In particular, he will ask himself when the two-year period under Clause 5 starts in his case. It seems that the control order will continue to apply, but it cannot be kept in place indefinitely under the provisions of an Act that we have repealed.

[Baroness Hamwee]

My Lords, like the noble and learned Lord, I have made it clear that the sooner control orders end the better. Will the Minister confirm that the extension to 42 days is not a matter of giving the police another two weeks to get their arrangements in order but because it became clear that the period of commencement would be within the Christmas and new year holiday period, which was not wholly convenient? Forty-two days would take the period into the new year as a matter of convenience. That is what I understood to be the explanation when we heard about this last week.